[ OP-ED COLUMN ]

Detert Makes Progress on Texting Ban

Published: Sunday, February 10, 2013 at 12:07 a.m.

Last Modified: Sunday, February 10, 2013 at 12:07 a.m.

State Sen. Nancy Detert is in her fourth year of trying to get the Florida Legislature to enact a ban on driving while texting.

Her bill (SB 52) cleared the Senate Transportation Committee last week after a sometimes contentious debate, with some senators questioning whether the bill was too weak.

They complained that the violation was only a secondary offense, meaning law enforcement officers couldn't pull anyone over for texting while driving unless they committed another offense.

Detert, R-Venice, defended the bill, saying she would like to make texting while driving a primary violation, but she was anticipating resistance in the House, which last year didn't even hear a texting-while-driving bill. She said her bill was a pragmatic response to the political landscape.

Sen. Tom Lee, R-Brandon, was one of the more vocal critics, although he voted for the bill. As chairman of the Senate Judiciary Committee, he will get another chance to consider the legislation before it reaches the Senate floor.

But he argued that the Senate shouldn't craft a bill to cater to the whims of the House this early in the process. "Let's see what we can get off our Senate floor," Lee said. "They can always amend it and send it back."

For some this exchange echoed back to another traffic-safety debate that raged in the committee rooms of the Florida Legislature for nearly a decade.

It involved the seat belt law, and the same question of whether it should be a primary or secondary offense.

A key participant in that debate was state Rep. Irv Slosberg, D-Boca Raton.

He first came to the Legislature in 2000 with his top priority being to strengthen the state's seat belt law following the death of his 14-year-old daughter Dori in a traffic accident in February 1996.

Yet, as a father who had lost one of his twin daughters, and armed with a host of safety statistics and the fact that most other states had tougher seat belt laws, Slosberg left the Legislature six years later, largely empty-handed.

He had achieved one incremental — but significant — victory.

He had convinced lawmakers to make it a primary violation for children — younger than 18 — to ride in vehicles without a seat belt.

Three years after Slosberg left the Legislature, lawmakers finally agreed to make the seat belt law a primary violation, partly motivated by the threat of the loss of substantial federal funding.

Now Slosberg, who returned to the Legislature in 2010, is watching Detert wage her battle.

"In relation to this texting bill, I've seen this movie before. I've lived this movie," Slosberg said. "I know in Florida you have to go slowly. It is what it is. You can't fight the system."

In fact, Slosberg said he has prepared own alternative measure if Detert's bill, or an anti-texting bill sponsored by state Reps. Doug Holder, R-Osprey, and Ray Pilon, R-Sarasota, falters in the House.

Mimicking his seat belt strategy, Slosberg said he would push a measure that would ban drivers younger than 18 from texting or even using their cell phones — unless it was an emergency.

However, Slosberg said he expects Detert's bill or a similar measure to get a fair hearing in the House this year, attributing its rejection last year to former House Speaker Dean Cannon, R-Winter Park.

As for Detert, Slosberg said, she "is doing a fantastic job against all odds. She's just trying to get something through."

As for the Legislature repeating history, Slosberg said: "We as a team should understand public safety is our No. 1 priority.

Unfortunately we take too much time in figuring this out."

WINNER OF THE WEEK

Nancy Detert. The veteran state senator proved she is a player by moving two major pieces of legislation forward. One measure would ban texting while driving, while the other would impose the state sales tax on Internet transactions. The bills are not sure in the 2013 Legislature, but Detert has shown she will be in the middle of several key issues facing lawmakers this spring.

LOSER OF THE WEEK

Amazon. The giant Internet retailer — much to the chagrin of Florida businesses — has fended off any attempts to impose the state sales tax on its transactions. But the Senate is moving a bill that would link the Internet tax with Gov. Rick Scott's manufacturing tax break, which gives new energy to the proposal.

QUOTE OF THE WEEK

"Some of you want a Rolls Royce and you're going to get a Volkswagen ... but this is what has evolved after four years of trying," Sen. Nancy Detert said in defending her bill that would ban texting while driving.

<p>State Sen. Nancy Detert is in her fourth year of trying to get the Florida Legislature to enact a ban on driving while texting.</p><p>Her bill (SB 52) cleared the Senate Transportation Committee last week after a sometimes contentious debate, with some senators questioning whether the bill was too weak.</p><p>They complained that the violation was only a secondary offense, meaning law enforcement officers couldn't pull anyone over for texting while driving unless they committed another offense.</p><p>Detert, R-Venice, defended the bill, saying she would like to make texting while driving a primary violation, but she was anticipating resistance in the House, which last year didn't even hear a texting-while-driving bill. She said her bill was a pragmatic response to the political landscape.</p><p>Sen. Tom Lee, R-Brandon, was one of the more vocal critics, although he voted for the bill. As chairman of the Senate Judiciary Committee, he will get another chance to consider the legislation before it reaches the Senate floor.</p><p>But he argued that the Senate shouldn't craft a bill to cater to the whims of the House this early in the process. "Let's see what we can get off our Senate floor," Lee said. "They can always amend it and send it back."</p><p>For some this exchange echoed back to another traffic-safety debate that raged in the committee rooms of the Florida Legislature for nearly a decade.</p><p>It involved the seat belt law, and the same question of whether it should be a primary or secondary offense.</p><p>A key participant in that debate was state Rep. Irv Slosberg, D-Boca Raton.</p><p>He first came to the Legislature in 2000 with his top priority being to strengthen the state's seat belt law following the death of his 14-year-old daughter Dori in a traffic accident in February 1996.</p><p>Yet, as a father who had lost one of his twin daughters, and armed with a host of safety statistics and the fact that most other states had tougher seat belt laws, Slosberg left the Legislature six years later, largely empty-handed.</p><p>He had achieved one incremental — but significant — victory.</p><p>He had convinced lawmakers to make it a primary violation for children — younger than 18 — to ride in vehicles without a seat belt.</p><p>Three years after Slosberg left the Legislature, lawmakers finally agreed to make the seat belt law a primary violation, partly motivated by the threat of the loss of substantial federal funding.</p><p>Now Slosberg, who returned to the Legislature in 2010, is watching Detert wage her battle.</p><p>"In relation to this texting bill, I've seen this movie before. I've lived this movie," Slosberg said. "I know in Florida you have to go slowly. It is what it is. You can't fight the system."</p><p>In fact, Slosberg said he has prepared own alternative measure if Detert's bill, or an anti-texting bill sponsored by state Reps. Doug Holder, R-Osprey, and Ray Pilon, R-Sarasota, falters in the House.</p><p>Mimicking his seat belt strategy, Slosberg said he would push a measure that would ban drivers younger than 18 from texting or even using their cell phones — unless it was an emergency.</p><p>However, Slosberg said he expects Detert's bill or a similar measure to get a fair hearing in the House this year, attributing its rejection last year to former House Speaker Dean Cannon, R-Winter Park.</p><p>As for Detert, Slosberg said, she "is doing a fantastic job against all odds. She's just trying to get something through."</p><p>As for the Legislature repeating history, Slosberg said: "We as a team should understand public safety is our No. 1 priority.</p><p>Unfortunately we take too much time in figuring this out."</p><p>&nbsp;</p><p><strong>WINNER OF THE WEEK</strong></p><p>Nancy Detert. The veteran state senator proved she is a player by moving two major pieces of legislation forward. One measure would ban texting while driving, while the other would impose the state sales tax on Internet transactions. The bills are not sure in the 2013 Legislature, but Detert has shown she will be in the middle of several key issues facing lawmakers this spring.</p><p>&nbsp;</p><p><strong>LOSER OF THE WEEK</strong></p><p>Amazon. The giant Internet retailer — much to the chagrin of Florida businesses — has fended off any attempts to impose the state sales tax on its transactions. But the Senate is moving a bill that would link the Internet tax with Gov. Rick Scott's manufacturing tax break, which gives new energy to the proposal.</p><p>&nbsp;</p><p><strong>QUOTE OF THE WEEK</strong></p><p>"Some of you want a Rolls Royce and you're going to get a Volkswagen ... but this is what has evolved after four years of trying," Sen. Nancy Detert said in defending her bill that would ban texting while driving.</p>